Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-27
OWNERS AND LOcATORs
~..OF.

APPLICATION ron PATENT.

io'o.o' auo can neither be Withdrawn No,
eral Land Once. "ea
An application will be rejected when the
sctlption OF the premises Ia erroneous or
sufficient.
Application for patent will be va;actaa
cause: "
First The notice was published without N.
knowledge Of the Register.
notice was not published in .
newspaper designated ~ published nearest ths
Tnird-Record title was found defsctv.
and "'S'
Fourth-.A previous application had besn
made for the same premises, which was with.
the adverse claimant. "
An application for patent will be reieotsa
when the survey does not accurately defnsth.
boundaries OF the claim.
Where the claim was not located in accord.
ance with law.
Where several parties own separate and Al.
tinct portions Of q claim, application 10,
patent may be made by either for In al no,,ioa
Of the claim owned by him: but where soysr.i
parties own undivided tnterests IN . ,trina
claim all should join In an application for
patent.
A person or association may purch..o a..
many placer locations a. the local law adm,ts
and embrace them all in one application for
patent.
Two or more lodes cannot be embraced 4,
one application for 8 patent except for placer
claims embracing two or more lodes within
their boundaries
Paper, p RS s y a.n to before ore ~, any person purpor.-
ceiver cannot be recorded a. evidences.
| In all patents for mining claims situated
within the interior boundaries Of q town site
8 clause is inserted excepting and excluding
all town property, rights upon the surfsce
and all houses. buildings. structures. lots'
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here.
In, and all rights necessary or proper 10 tha
occupation, possession and enjoyment Of ths
same"
Publication Of notice must be made n onIv
one newspaper for the period OF so DAYS.
Notice must be published 10 consecutive
weeks in weekly newspaper. and In dsily
newspapers 60 days must elapse between he
fret and last insertions.
Where the Register designates thsdAiyissus
of Q newspaper fer publication Of notices Of
mining application for patent IL 10 not . com
pliance with law TO change to the weekly edi-
tion of the same paper without authority Of
the Register.
The existence Of 8 salt spring on g trsct Of
land withdraws II from the operation Of the
Homestead and presumption laws. A bearing
for the purpose Of proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must hle q separate and
distinct claim against each application which
IL 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once hlsd,
cannot be Withdrawn, but becomes Q part OF the
record.
When an adverse claim has been nlsd 1t can.
not be amended 80 ss to embrace q larger per.
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made ont In
proper form and nied In the proper local ONCE
during the period Of publication of the appli.
cation for the patent to be effective.
1t Is the duty OF the adverse claimant o
suit In proper form within the re-
CURED time, and If he trusts the uncertain
medium OF the United States mail be must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result OF
the corruption dishonest action of his attorney.
the Interior Department cannot redress the
wrong.
An sdverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions OF law. without stating the
facts specially, Will not be considered in EVIL
dence.
An adverse claimant should show . compli.
ance with the local laws In recording his claim
and in regard to expenditures. and shall hle
copy OF the original notice of his location. and
show the nature or extent OF the connict
alleged.
Il al bAlckbdOu u pbEhes W = SuAs ~ ~
compose the company 10 sufficient, and they
are not required to prove that they are the
original i~ocators or the identical parties who
present the adverse claim.
on MINERAL LANDS.
Where land is Of little. II any value, for sgri.
cultural purposes, but 10 essential TO the
proper development Of mining claims. II
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
Aanastta hava haen fneludad I'm an aorfculfufai
entry, said entry Will be Cancelled ~ any time
prior to issuance of patent. upon satisfactory
evidence Of the existence Of such valasble de-
posts.
covered upon q tract sfter the same fss been
en- tered a. agricultural, but before I stens has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled to
that portion of the land embraced BY said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued TO an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
A foreigner may make . mining location
dispose ofeit. provided he becomes . citizen
before dispostng OF the mine. Proof thst me
| party was not 3 citizen before disposing Of bis
| claim must be aflrmatively shown.
| Locators and intermediate owners, otnes
than applicants. will not be presumed aliens.
in the absence Of allegation or objection pf'o'
to issuance Of patent.
The portion of o mining claim sold us
slien cannot be patented while sueh owner y
an alien; but on his declarasionI o become :
citizen his right dates back TO his purcna.s:
aud he may thereupon secure United o'A'''
patent for his claim.
CROSS rrpoxs.
Revised Statutes. Section ax&;
Where two or moro lodges cross or inter..
each other. priority Of title shall govern, sn M
such prior location shall be entitled 70 Al o.e
or mineral eonts ined within the space OF ,h.sa.
section. but the subsequent location snsiins,.
the right Of way through the space OF lnsS.,
section for the purpose of the convenicns
working Of the mine. And where Two or LII ~
veins unite the oldest or prior locston sn. =
take the vein below the point or union' an
cluding all the space Of intersection
There is no sutherity of law Tor tunns
location 5000 by ], 800 feet. A proper iocstoi
10 the width OF the tunnel Tor 800 Loe..
There 10 no provision Of Jaw Tor pstentint
tunnel locations, bat lodes discovered IN run
ming q tunnel may be patented In IKE manner
as other iodes. -.